Liquor Licensing Regulations 2026

Liquor Licensing Regulations 2026

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Liquor Licensing Act 1990 .

CAROLINE WELLS

Governor

By Her Excellency's Command,

ERIC ABETZ

Treasurer

1.   Short title

These regulations may be cited as the Liquor Licensing Regulations 2026 .

2.   Commencement

These regulations take effect on 17 August 2026.

3.   Interpretation

In these regulations –

Act means the Liquor Licensing Act 1990 ;

cider means a beverage that –

(a) is the product of the complete or partial fermentation of the juice or must of apples, pears or other fruit; and

(b) has not had added to it, at any time, ethyl alcohol from another source; and

(c) has not had added to it, at any time, any liquor or substance (other than water or the juice or must of apples, pears or other fruit) that gives colour or flavour;

spirits means liquor that is obtained by distillation and has an alcohol content by volume exceeding 10% at a temperature of 20°C.

4.   Best interests of the community

For the purposes of the definition of best interests of the community in section 3 of the Act, the following interests are prescribed:

(a) the general costs and benefits to the community of the supply, or proposed supply, of liquor;

(b) whether the supply or proposed supply of liquor might cause undue offence, annoyance, disturbance or inconvenience to people who, in the area of the supply or proposed supply –

(i) reside or work; or

(ii) attend schools or other facilities frequented by children; or

(iii) attend hospitals or facilities where people receive treatment for alcohol dependence or other addictions; or

(iv) attend places of worship;

(c) possible adverse effects on the health and safety of members of the public due to the supply of, or proposed supply of, liquor.

5.   Prescribed substances

For the purposes of paragraph (b)(i) of the definition of liquor in section 3 of the Act, the following substances are prescribed as liquor:

(a) a vapour that –

(i) at 20°C contains more than 0·5% ethyl alcohol by volume; and

(ii) is intended for human consumption;

(b) a food preparation in a frozen or jellied form that –

(i) at 20°C contains more than 0·5% ethyl alcohol by volume; and

(ii) is intended for human consumption;

(c) a substance that –

(i) appears to be of a powdered or crystalline nature; and

(ii) contains ethyl alcohol; and

(iii) is intended for human consumption.

6.   Small producer

A person is prescribed as a producer for the purposes of the definition of small producer in section 3 of the Act, if that person –

(a) in the previous financial year, had a total sales volume of liquor in quantities less than the following:

(i) in the case of beer, 100 000 litres;

(ii) in the case of cider, 100 000 litres;

(iii) in the case of wine, 28 500 litres;

(iv) in the case of spirits, 8 750 litres; and

(b) has assumed the financial risk for the production of the volume of relevant liquor referred to in paragraph (a) ; and

(c) in the case of a person who produces wine or cider, only produces wine or cider from fruit of which 85% is grown in Tasmania; and

(d) in the case of a person who produces beer, only produces beer that is brewed in Tasmania; and

(e) in the case of a person who produces spirits, only produces spirits that are distilled or redistilled in Tasmania.

7.   Vicinity

For the purposes of paragraph (a) of the definition of vicinity in section 3 of the Act, the prescribed distance is a radius of 50 metres from an entry or exit point to or from the licensed premises or permit premises.

8.   Prescribed persons

For the purposes of section 10(a) of the Act, the following persons are prescribed persons in respect of the club specified in a club licence:

(a) a member of the club;

(b) a guest of a member of the club;

(c) a visitor to the club;

(d) a member of another club which has a reciprocal membership arrangement with the club;

(e) a competitor in an event conducted or hosted by the club on that day;

(f) a spectator of an event conducted or hosted by the club on that day;

(g) a person who is attending a meeting of, or a function conducted by, an organisation which is not operated for profit.

9.   Minimum age requirements for section 46B

For the purposes of section 46B of the Act, the prescribed minimum age requirement for a person to sell or serve liquor on licensed premises or permit premises is 16 years of age.

10.   Minimum age for selling or serving liquor in a prohibited area

(1)  In this regulation –

prohibited area means any part of a licensed premises designated under section 84(1) of the Act as an area where a person under the age of 18 years cannot enter or remain.

(2)  A person under the age of 18 years must not sell or serve liquor in a prohibited area.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A licensee must ensure that a person under the age of 18 years does not sell or serve liquor in a prohibited area.

Penalty:  Fine not exceeding 10 penalty units.

11.   Service of barring orders

For the purposes of section 81(4) of the Act, the prescribed manner, in which a police officer may give an order under that section to a person, is to do one or more of the following:

(a) give the order, in writing, to the person;

(b) leave the order, in writing, at the person's last known place of residence;

(c) send the order, in writing, by post to the person's last known place of residence.

12.   Information in barring orders

For the purposes of section 81(10) of the Act, the following information is prescribed:

(a) the name and residential address of the person being barred;

(b) the duration of the barring order;

(c) the premises, class of premises or area from which the person is being barred.

13.   Wholesale liquor supply information

(1)  In this regulation –

fortified wine means wine –

(a) to which spirits has been added (such as frontignac, madeira, marsala, muscat, port, sherry and tokay); and

(b) that has an alcohol content by volume not exceeding 22% at a temperature of 20°C;

heavy-strength beer means beer with an alcohol content by volume of 3·5% or more at a temperature of 20°C;

low-strength beer means beer with an alcohol content by volume of less than 3% at a temperature of 20°C;

medium-strength beer means beer with an alcohol content by volume of 3% or more but less than 3·5% at a temperature of 20°C;

ready-to-drink spirits means spirits that are mixed with other beverages, other than fortified wine.

(2)  For the purposes of paragraph (d) of the definition of wholesale liquor supply information in section 222B(1) of the Act, the following additional information is prescribed:

(a) the licence number of the licensee to whom the liquor is supplied in a wholesale liquor transaction;

(b) the postcode of premises to which the liquor is delivered in the transaction;

(c) the volume in litres of low-strength beer, medium-strength beer, heavy-strength beer, wine, fortified wine, spirits, ready-to-drink spirits, and cider, that is supplied in the transaction.

14.   Wholesale liquor transactions

(1)  In this regulation –

related entity, of a licensee, means a related entity of that licensee within the meaning of the Corporations Act;

reporting licensee means a licensee who –

(a) in the previous financial year, had a total sales volume in excess of one or more of the small-business thresholds; or

(b) has a related entity that, in the previous financial year, had a total sales volume in excess of one or more of the small-business thresholds.

(2)  For the purposes of the definition of reporting licensee in subregulation (1) , the small-business thresholds are as follows:

(a) 8 750 litres per year of spirits;

(b) 28 500 litres per year of wine;

(c) 100 000 litres per year of beer;

(d) 100 000 litres per year of cider.

(3)  For the purposes of the definition of wholesale liquor transaction in section 222B(1) of the Act, the type of transaction prescribed is a transaction in which a reporting licensee supplies liquor to another licensee –

(a) in that other licensee's capacity as a licensee; and

(b) within Tasmania.

15.   Use and disclosure of wholesale liquor supply information

The Minister may disclose wholesale liquor supply information that is provided under section 222B of the Act to the following:

(a) the Commissioner;

(b) the Commission.

16.   Evidence of age

(1)  In this regulation –

Australia Post has the same meaning as in the Australian Postal Corporation Act 1989 of the Commonwealth.

(2)  For the purposes of the Act, the following documents may provide evidence of age:

(a) a current driver's licence, issued in Australia, that contains a photograph of the licence holder;

(b) a current firearms licence within the meaning of the Firearms Act 1996 ;

(c) a current passport;

(d) a current proof of age card issued by Australia Post (known as a “Keypass identity card”);

(e) a current document issued by a government department of the Commonwealth, or of a State or Territory, that –

(i) contains the document holder’s name; and

(ii) includes a photograph of the document holder; and

(iii) specifies the document holder’s age or date of birth.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 14 August 2026

These regulations are administered in the Department of Treasury and Finance.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) for the purposes of the Liquor Licensing Act 1990 , provide for various matters under that Act in respect of –

(i) the supply and service of liquor; and

(ii) barring orders; and

(iii) wholesale liquor supply information and transactions; and

(iv) use and disclosure of certain information; and

(b) are made consequentially on the repeal of the Liquor Licensing Regulations 2016 under section 11 of the Subordinate Legislation Act 1992 .